Restoring Constitutionalism? The Indian Supreme Court and Illegal Demolitions
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Constitutional journeys: critical appraisals
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Sarbani SEN
In his essay, Theunis Roux identifies an important challenge to democratic constitutionalism and one that increasingly appears to jeopardize the democratic constitutional project not only in countries such as India and South Africa but in other countries of the Global South and former colonies
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The Shifting Acts of Politics Beneath the Philippine Supreme Court’s Public Advocacy
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Ruby Rosselle TUGADE
There is a palpable shift in how the Philippine Supreme Court is engaging societal issues. An institution empowered by a post-dictatorship constitution to look into grave abuses of discretion, the Court has now ventured into the waters of wider public advocacy
Read MoreChasing Phantom Constitutions?
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Tom DALY
In his book Phantom Architecture, Philip Wilkinson offers that “some of the most exciting buildings in the history of architecture are the ones that never got built”: a mile-high skyscraper; a dome to cover most of downtown Manhattan; an enormous elephant-shaped triumphal arch (where the Arc de Triomphe in Paris now stands).
Read MoreBeyond a Bimodal Southern Democratic Constitutionalism
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Heinz KLUG
Theunis Roux has made an important contribution in stimulating a debate over the nature of ‘Southern Democratic Constitutionalism’ (SDC) and what he describes as the two approaches to SDC which he places in dialogue with one another while arguing that they together reflect and contribute to a single dynamic version of SDC
Read MoreThe 129th Constitution Amendment Bill and its Probable Impact on India’s Democratic Framework
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Eesha SHROTRIYA & Shantanu PACHAUR
In 2024, India elected its third consecutive majoritarian government, whose term lasts until 2029. Over the past decade, democratic institutions have faced growing challenges, with concerns over their resilience and independence
Read MoreThe Roux Balm
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Arghya SENGUPTA
If Lindewe Sisulu, Transport Minister of South Africa, thought that the Constitution of South Africa was like a “Panadol” providing momentary relief, Theunis Roux’s article bringing that Constitution into conversation with the much older Indian Constitution is like a balm. It burns at first blush, but when it settles, it has a soothing feeling.
Read MoreThe Grand Narrative of the Current Transition of Mexican Constitutionalism
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Roberto NIEMBRO
In his interesting article Roux presents us with two grand narratives that describe the constitutionalisms of India and South Africa since the enactment of their constitutions of 1950 and 1996 respectively
Read MoreDemocratic Constitutionalism in India and the Blandishments of Grand Narratives
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Mathew JOHN
This timely and engaging essay by Theunis Roux sweeps across the democratic constitutionalist project as it is under threat of running aground in India and South Africa with echoes for other countries across the world
Read MoreGrand Narratives of Constitutional Journeys and the Crisis of Democracy: Introduction to the Blog Symposium
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Anmol JAIN
In his thought-provoking piece of contemporary global relevance, Theunis Roux makes an important intervention in the debates around the design, character, and effects of the Indian and South African constitutions…
Read MoreLegal Subversion in Pakistan: the Government’s War on the Islamabad High Court
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Hassan ZAHEER
On January 31 2025, the legal landscape of Pakistan was jolted by a letter bearing the signatures of five justices of the capital territory’s High Court, including the senior judges Mohsin Akhtar Kayani and Tariq Mehmood Jahangiri. The letter was severely critical of the reported attempt by the government to import a judge from another high court and install them as the Chief Justice (CJ) of the Islamabad High Court (IHC).
Read MoreMore Equal Than Others: A Response
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Raffael FASEL
Having expressed my sincere gratitude to the respondents in the Introduction to this Symposium, I would like to start by addressing Alasdair Cochrane’s characteristically penetrating remarks…
Read MoreHumans and the Rights of Other Animals
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Merris AMOS
Raffael Fasel has written a very well-researched and engaging book on a topic where there is often little agreement and, sadly, little progress in law and policy…
Read MoreA Country Young and Old: Nationalism and the Battle Over Constitutional Identity in India
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Rupavardhini BALAKRISHAN RAJU
This year marks 75 years of the Constitution of India coming into force, which – given the average life span of constitutions – is a very respectable, grand old age…
Read More‘In Defence of Sentient Rights’ – A Response to More Equal than Others by Raffael Fasel
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Alasdair COCHRANE
More Equal than Others is a tremendous contribution to the literature on human and animal rights: it is lucid, clear and beautifully argued. It offers a genuinely new approach to the award of fundamental rights – the Species Membership Approach (SMA) – that is extremely compelling…
Read MoreThe Value of Relationships: Why More Equal than Others is a Good Answer to the Wrong Question
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Jonathan HERRING
If you could only save one in a fire, would you save your friend or your pet? A stranger or a cat? Jokes aside, the vast majority of people would say they would save a human, rather than a non-human animal…
Read MoreThe People, The Court, and Democratic Resilience: The Case of Regional Elections in Indonesia
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Ratu Durotun NAFISAH
The gubernatorial election of Indonesia’s capital, Jakarta, has caught the attention of both the elites and the wider public. Jakarta, the second world’s most populous city after Tokyo, serves as the largest contributor to the state’s economy…
Read MoreEscaping Species Hierarchy
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Anne PHILLIPS
If you are an egalitarian, you will (should!) think of equality between humans as unconditional, applying to all regardless of wealth, rank, gender, race, ability, or behaviour. In truth, we rarely manage this…
Read MoreBook Symposium Introduction: More Equal Than Others
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Raffael FASEL
The book forming the subject of this IACL-AIDC Blog symposium is based on my PhD thesis at Cambridge, which I had the great fortune of writing under the supervision of Professor Nigel Simmonds…
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